was thus acknowledged, but only as a matter of fact, for the chiefs who indulged in open lawlessness were generally beyond the reach of the law. Saffron shirts were forbidden under penalties, and the permissible quantity of linen was carefully prescribed for each rank. A lord might have twenty cubits, his vassals eighteen, and his servants twelve. A kerne was allowed sixteen and an agricultural labourer ten. Stringent but useless limitations were imposed on coyne and livery, the fact being that great men had usually no other means of protecting their districts. Ormonde was appointed chief executor of these ordinances for Tipperary, Waterford, and Kilkenny, and Desmond for the other counties of Munster. Both were to command the assistance of the Archbishop of Cashel and to be entitled to one-third of all fines levied by them, two-thirds being payable to the King. The regulations for Thomond and Connaught were the same as for Munster, but they were probably even less regarded.246
FOOTNOTES:
232. For the intrigues with Scotland, see Brereton to Essex, May 17, 1540, and the note, S.P. vol. iii., and Layton to Essex, S.P. vol. v. p. 178; O’Neill’s letter to Henry was dated July 20; the King’s letter to O’Neill is dated Sept. 7—‘literas vestras unà cum munusculis grato animo accepimus.’ For O’Donnell’s submission, see Henry’s letter to him of Aug. 20, acknowledging his letters ‘per dilectum nobis Johannem Cappis, mercatorem Bristoliensem.’ St. Leger brought over O’Neill’s pardon.
233. In a letter to Cromwell of December 23, 1539, in Carew, William Wise, of Waterford, almost foretold the murder, which (according to Mr. Graves’s pedigree in the Irish Archæological Journal) took place on March 19 following. The pedigree says the murder was in Kerry, but other accounts, which are evidently correct, point to the neighbourhood of Fermoy or Mitchelstown. Council of Ireland to the King, April 4, 1540; Archdall’s Lodge; Russell. O’Daly (chap. xii.) admits that the murder was premeditated.
234. Ormonde to Brereton from Kilkenny, May 14; to the King, July 26, from Waterford. He had been to England and back between these dates. Desmond to Ormonde, July 8; Lord Deputy St. Leger to the King, Sept. 12, 1540.
235. P. Barnewall to Essex, May 19; Instructions to St. Leger and the others, and to St. Leger alone, S.P., Aug. 16 and 20. St. Leger landed Aug. 12, 1540.
236. Walter Cowley to St. Leger, March 15, 1541, ‘from the border of Cahir, MacArt’s country.’ St. Leger to the King, Sept. 12; Council of Ireland to the King, Sept. 22.
237. Council of Ireland to the King, Sept. 22, 1540; the King to the Lord Deputy and Council, Sept. 7 and 8; Lord Deputy and Council to the King, Nov. 13.
238. For the O’Tooles, see O’Donovan’s Book of Rights, and his notes to the Four Masters, 1180 and 1376; and Lord Deputy and Council to the King Nov. 14, 1540, with the notes. These people had suffered from the Kildare family as much as the Macgregors did from the Campbells. This may partly explain Tirlogh’s unwillingness to aid in restoring Gerald.
239. The King to the Lord Deputy and Council, No. 332 in the S.P., and his very important minute of March 26, 1541; Lord Deputy and Council to the King, Dec. 7, 1542, and May 15, 1543.
240. For the scheme see S.P., vol. iii. No. 330; the King’s answer is No. 337.
241. St. Leger to the King, Feb. 21, 1541. The submission was signed at Cahir, Jan. 16. For the names of the notaries and of the chief spectators, see Carew, vol. i. No. 153.
242. St. Leger to the King, Feb. 21, 1541; list of those who attended Parliament, 1541, in S.P., vol. iii. p. 307; O’Brien to the King, vol. iii., No. 352.
243. St. Leger to the King, Feb. 21, 1541; MacWilliam to the King, March 12, 1541; MacGillapatrick’s submission, &c., S.P., vol. iii., No. 336; the King to MacWilliam, May 1.
244. St. Leger to the King, June 26, 1541; Lord Deputy and Council to the King, June 28; printed Statutes, 33 Henry VIII.; Lodge’s Parliamentary Register; Parliamentary lists in Tracts Relating to Ireland, No. 2.
245. Alen to St. Leger in 1537, S.P., vol. ii., No. 182; Staples to St. Leger, June 17, 1538; Lord Deputy and Council to the King, Dec. 30, 1540. The proclamation of the King’s style is in Carew, vol. i., No. 158. The author of the Aphorismical Discovery, who wrote about 1650, says Henry ‘revolted from his obedience to the Holy See’ by assuming the royal title. There is an abstract of the King’s title to Ireland in Carew, vol. i., No. 156; Adrian’s grant is mentioned as one of seven titles, some fabulous, some historical. For the proceedings in Dublin, see St. Leger’s letters already cited, June 26 and 28, 1541; for the style itself, see the King’s letter in S.P., vol. iii., No. 361; for the Seal, see Lord Deputy and Council to the King, June 2, 1542, and Henry’s answer.
246. See the ordinances in Carew, vol. i., No. 157.
CHAPTER XIV.
1541 TO THE CLOSE OF THE REIGN OF HENRY VIII.
The O’Carrolls.
The attendance of Irishmen during the session of Parliament was not altogether barren of immediate results. Fergananim O’Carroll, chief of Ely, having become blind, was murdered in Clonlisk Castle by Teige, the son of his old rival Donough, with the help of some of the Molloys. The claimants to the vacant succession voluntarily submitted to the arbitration of the Lord Deputy and Council, and a curious award was given. According to Irish law John O’Carroll, as the eldest, would have been the natural chief. He was set aside as unfit to rule, but received his lands rent free and forty cows annually out of the cattle-tribute payable to the chief. Fergananim’s son Teige was also pronounced incompetent, but was nevertheless established as ruler of half the country by way of propitiating Desmond, who was his uncle by marriage. Calvagh or Charles O’Carroll was made lord of the other half, and it was provided that if either procured the other’s death he should forfeit all to the sons of the deceased.247
Submission of O’Donnell, 1541.
Soon after the prorogation St. Leger went to Cavan to meet O’Donnell. Leaving his boats on Lough Erne, the chieftain came boldly to the appointed place with a dozen followers, and made little difficulty about the terms of peace. He agreed to serve the King on all great hostings, to attend the next Parliament or send duly authorised deputies, to hold his land of the Crown, and to take any title that might be given him. He not only renounced the usurped primacy and authority of
